Barker v R [2024] NSWCCA 227

Barker v R [2024] NSWCCA 227

The sentence must be quashed and the applicant resentenced because the District Court judge took account of unproved allegations and the applicant's Children's Court record, contrary to law. Application of appropriate legal principles and sentencing discounts required a sentence of 14 months imprisonment to be served by way of Intensive Correction Order, commencing on 6 December 2024, taking into account time already served.

Parties
Applicant: Jaleel Barker; Respondent: Rex (Crown)
Jurisdiction
Australia
Judgment Date
06 December 2024
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence and Resentencing
Outcome
Appeal allowed; sentence quashed; new sentence imposed of 14 months imprisonment by way of Intensive Correction Order with conditions.
Legal Topics
Appeal Against Sentence, Use of Unproved Allegations, Children's Court Record in Sentencing, Domestic Violence Offences, Application of Bugmy V the Queen
Criminal Law Appeal Against Sentence Use of Unproved Allegations Children's Court Record in Sentencing Domestic Violence Offences Application of Bugmy V the Queen

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Parties

Jaleel Barker

Applicant

Rex (Crown)

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence and Resentencing

Legal Issues

  1. 1 Whether the sentencing judge erred by taking into account unproved matters adverse to the applicant
  2. 2 Whether the sentencing judge erred in considering the applicant's Children's Court record
  3. 3 Whether the sentencing judge failed to properly apply Bugmy v The Queen

Ratio Decidendi

The sentence must be quashed and the applicant resentenced because the District Court judge took account of unproved allegations and the applicant's Children's Court record, contrary to law. Application of appropriate legal principles and sentencing discounts required a sentence of 14 months imprisonment to be served by way of Intensive Correction Order, commencing on 6 December 2024, taking into account time already served.

Court Disposition

Appeal allowed; sentence quashed; new sentence imposed of 14 months imprisonment by way of Intensive Correction Order with conditions.

Orders

  • Grant leave to appeal.
  • Allow the appeal.